Immigration

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Feds Meet Court-Ordered Quota For Afghan Asylum Applications

    Attorneys who sued the government over delays in processing asylum claims for Afghans fleeing the Taliban's rule said the Biden administration has met its obligations under a settlement agreement to process at least 65% of the applications pending since August.

  • January 24, 2024

    Immigration Atty Representation Rates Dropped, Report Says

    The average rate of immigration attorneys available to represent noncitizen clients in the rising backlog of cases pending in immigration courts across the country has dropped from 65% five years ago to 30%, according to a report published by Syracuse University's Transactional Records Access Clearinghouse on Wednesday.

  • January 24, 2024

    House GOP Blames White House For Afghans Stuck In UAE

    The top Republican on the House Foreign Affairs Committee has demanded answers from the Biden administration about Afghan allies awaiting vetting in the United Arab Emirates for more than two years, saying the lag puts Afghans in danger.

  • January 23, 2024

    Texas Border Tensions Show Need For Justices' Input

    The U.S. Supreme Court's endorsement of federal officials removing razor wire Texas is using to keep out migrants at the border could spur more litigation, highlighting a need for the justices to clearly define the limits of states' power.

  • January 23, 2024

    8th Circ. Again Denies Honduran Man Deportation Relief

    The Eighth Circuit on Tuesday refused to revive a Honduran father's bid to avoid deportation under a rule reserved for those who were harmed by a lawful permanent resident parent, rejecting the man's contention that an appeals board had considered facts it wasn't supposed to.

  • January 23, 2024

    Low H-1B Approval Rates Stifle Tech Startups, Report Says

    Economic researchers released a new report Tuesday finding that lower H-1B visa approval rates and additional visa-application restrictions significantly and directly impact the survival rate of young startups in technology-intensive industries and allow older, less productive companies to maintain market dominance.

  • January 23, 2024

    4th Circ. Unravels RV Park Win In Housing Discrimination Suit

    A Fourth Circuit panel unanimously decided Tuesday to rescind a Virginia RV park's summary judgment win in a housing discrimination suit from immigrant families who challenged the park's policy requiring residents to show proof of their legal status.

  • January 23, 2024

    House GOP Turns Up Heat On Becerra For Migrant Child Data

    The chair of the House Judiciary Committee subpoenaed the head of the U.S. Department of Health and Human Services Tuesday for answers about the Biden administration's vetting of unaccompanied children found crossing the border, accusing the agency of stonewalling the committee.

  • January 23, 2024

    Immigration Judges Ask 4th Circ. To Revive Free Speech Suit

    The National Association of Immigration Judges is asking the Fourth Circuit to revive its suit challenging a policy it claims prevents judges from publicly discussing their personal views on immigration, arguing that a federal statute doesn't prevent a Virginia federal court from hearing its case.

  • January 22, 2024

    World Cup Workers' Abuse Claims Are Misdirected, US Co. Says

    Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.

  • January 22, 2024

    Immigration Atty Hit With Charges Over Green Card Scheme

    The U.S. Department of Justice and the New York attorney general have charged a Bronx immigration attorney and his son with fraud, alleging they sought green cards for clients based on false claims of domestic abuse.

  • January 22, 2024

    Ex-DHS Official Wants Probation For Software Theft Case

    A former senior official with the U.S. Department of Homeland Security's watchdog asked a D.C. federal judge to spare him prison time for stealing proprietary software he helped design for the government, saying he never profited from the theft.

  • January 22, 2024

    Nearly Year-Round Labor Need Kills Fla. Farm's H-2A Bid

    A U.S. Department of Labor appeals board judge affirmed a decision Friday rejecting a Florida employer's request for temporary workers under the H-2A program, finding its need for workers is nearly year-round and it hasn't shown its request for tree farm labor is different than labor in prior applications.

  • January 22, 2024

    Farms Object To Magistrate Judge Condoning H-2A Rule

    Agricultural groups objected to a magistrate judge's recommendation to keep intact a U.S. Department of Labor rule raising the salaries of H-2A agricultural workers, telling a Florida federal judge that the magistrate judge had been "excessively" deferential to the government's arguments.

  • January 22, 2024

    Supreme Court Says Feds Can Cut Texas Border Wire

    The U.S. Supreme Court on Monday ruled that federal border agents can remove razor wire fencing installed by Texas along the Mexico border, vacating a Fifth Circuit order that the Biden administration argued led to the deaths of several migrants.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Immigration Court Case Closures Jump 50%, New Data Shows

    Immigration judges increased their rate of completed cases by 50% in the first quarter of fiscal year 2024 over the same period last year, adjudicating nearly 200,000 cases from October through December 2023, according to data released Friday.

  • January 19, 2024

    For Immigrants, Gun Rights Debate Goes Beyond Firearms

    Last month, for the first time, a federal court found that a long-standing law banning gun possession by unauthorized immigrants violates the Second Amendment. As similar challenges play out around the country, the legal and political backdrop of the case has caught the attention of legal scholars, who see in the right to be armed a fundamental question about noncitizens’ belonging in the nation and their ability to exercise other constitutional rights.

  • January 19, 2024

    Orgs Seek Redo Of Claim Tossed In Texas Migrant Transit Suit

    Three nonprofits are urging a Texas federal court to reconsider a dismissed claim in a suit challenging a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, saying the groups are ready to show standing to pursue the claim.

  • January 19, 2024

    DHS Denies Evading Judicial Review With EB-5 Guidance

    The U.S. Department of Homeland Security denied trying to skirt judicial review of how it's handling the EB-5 investor program, telling the D.C. Circuit that a district court had deemed its guidance as unreviewable.

  • January 19, 2024

    Joint Venture Says USAID Wrongly Ended Slot On $800M Deal

    A joint venture has urged the U.S. Court of Federal Claims to block the U.S. Agency for International Development from rescinding the company's slot on an $800 million support services procurement, saying a contracting suspension for one of its partners shouldn't affect its own award.

  • January 18, 2024

    Feds Insist Depositions In Family Separation Suit Stay Private

    The Biden administration asked a California federal judge to reject a request to make public excerpts of depositions in litigation over damages for families separated under the Trump-era family separation policy, saying the materials include sensitive government information.

  • January 18, 2024

    Transport Cos. Remove Texas Migrant Busing Suit To SDNY

    Charter transportation companies have transferred from state to federal court a lawsuit alleging they owe New York City $708 million for busing migrants from Texas at the city's expense of providing emergency services, saying the lawsuit unconstitutionally restricted their movement.

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Expert Analysis

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Digital Nomads: Key Considerations For Global Businesses

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    As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

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